Colorado Motor Carriers Association v. Town of Vail

The federal district court for the District of Colorado granted a preliminary injunction barring enforcement of the Town of Vail ordinance that restricted “high-volume commercial carrier” delivery trucks from entering pedestrian mall areas. The intent of the ordinance was to promote use of electric vehicles for “last-mile” deliveries to improve pedestrian safety and the “guest experience” and also to provide environmental benefits such as greenhouse gas emissions reductions. The court found that the plaintiff—an organization of licensed motor carrier companies—showed that the Federal Aviation Administration Authorization Act of 1994 and the Airline Deregulation Act of 1978 likely expressly preempted the ordinance and that the plaintiff showed it would suffer irreparable harm absent injunctive relief.